DOL Issues NPRM on Minimum Wage, Overtime Pay for Home Health Care Workers

A 1974 ruling by the Department of Labor (DOL) grouped adult home health care workers with teenage babysitters as "companions" not entitled to the wage protections of the Fair Labor Standards Act (FLSA). In 2007, the Supreme Court upheld that interpretation, saying it was up to Congress or the DOL to change the interpretation. Yesterday […]

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DOL Issues Proposed Final Rule on Cease and Desist, Seizure of MEWAs

The Department of Labor (DOL) has issued a proposed final rule on Multiple Employer Welfare Agreements (MEWAs) regarding provisions in the Patient Protection and Affordable Care Act (PPACA), allowing the DOL Secretary to issue cease and desist orders and/or seize MEWAs that aren't fulfilling their obligations. A MEWA is an alternative method of providing health […]

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Time to Update Your Employee Handbook for 2012

Human resource and employment law professionals are urging businesses to review their employee handbooks for the upcoming year in light of several changes in the field of social media policy over the past 12 months. As many of you know, the National Labor Relations Board—in addition to mandating a new Employee Rights Poster—has clarified what […]

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Supreme Court to Decide Issue of Pharma Reps’ Overtime Status

Federal appeals courts have ruled differently on the issue of whether pharmaceutical sales representatives are or are not exempt from the overtime pay provision of the Fair Labor Standards Act (FLSA), so today the U.S. Supreme Court agreed to consider the issue. The case in question is Christopher v. SmithKline Beecham Corp. Christopher and other […]

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EEOC and OFCCP Sign New MOU on Joint Discrimination Case Jurisdiction

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP) have signed a new memorandum of understanding (MOU) to settle jurisdictional issues that arise when overlapping discrimination claims are filed. Generally, this occurs when the discrimination charge reported to the OFCCP involves violations of Title VII of the Civil Rights […]

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EBSA Creates New Consumer Web Page for Benefits Assistance

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has created a new consumer assistance Web page that provides easy access to useful information and allows users to submit questions and complaints about health and retirement plans electronically. "Helping retirement and health plan participants find answers to questions about their benefits and providing assistance […]

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DOL Extends Commentary Period on New Child Labor Regulations

The public commentary period on new child labor regulations for youths working on and around farms proposed by the Department of Labor (DOL) in early September has been extended a full month to Dec. 1, 2011. The extension was granted by the Obama administration after U.S. Sens. Jerry Moran and Pat Roberts of Kansas and […]

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OSHA Head Can’t Give Timeline on Proposed I2P2 Standard

Speaking as one of the keynoters at the National Safety Council (NSC) Congress and Expo in Philadelphia today, Occupational Safety and Health Administration (OSHA) chief David Michaels spent a lot of time defending OSHA regulations as not being "job-killers" and then admitted that the one proposed OSHA regulation drawing the most flak—the Injury and Illness […]

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Small Businesses Can Now Offer Investment Advice

With a new rule issued by the Department of Labor (DOL) this past week, small business owners will now be allowed to offer investment advice to employees on their 401(k), IRA or other retirement vehicles. Small businesses that offer retirement plans were previously barred from giving investment advice since, as fiduciaries, offering advice would be […]

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DOL Partners With Facebook to Help Job Seekers

Labor Secretary Hilda Solis unveiled an innovative partnership via a live Web stream on Thursday (Oct. 20, 2011) that brings together the U.S. Labor Department, Facebook, the National Association of State Workforce Agencies, the DirectEmployers Association and the National Association of Colleges and Employers. In addition, Facebook debuted a new Social Jobs Partnership page that […]

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